CRT USE ONLY SC-2017-003746 Small Claims Harjit Sheila Dhaliwal Jagjit Dhaliwal Rani’s Bridal Inc. CRT USE ONLY Shelley Lopez January 22, 2018 APPLICANTS RESPONDENT DEFAULT DECISION AND ORDER www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
SC-2017-003746 You must provide evidence showing how you provided the Dispute Notice for each respondent and attach it separately to the email you send with this form. See the instruction sheet for what must be provided. www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
REQUEST FOR DEFAULT DECISION AND ORDER DEBT CLAIMS • • • • NON-DEBT CLAIMS • • • MORE INFORMATION www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
A. Monetary Claims and Orders 1. We want a refund for the outfit that we did not receive from her. text messages 2. We want a refund for the outfit that we received over 4 weeks late and failed to complete satisfactory alterations on. text messages 3. We want Rani to provide compensation for the time we put into dealing with this matter and stress that she caused our family right before we left for my brother's wedding. text messages Claim CRT USE ONLY Amount ($) Order ($) $364.00 $364.00 $1064.00 $1,064.00 $1500.00 $0.00 $1,428.00 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
(For example, requests for a party to do or stop doing something) Please note the CRT will not generally order parties to apologize, make donations, or stop serving on strata councils. Party name: What would like them to do or stop doing? ------------------------------------------------------------------------------------------------------------------------------Why? ---------------------------------------------------------------------------Party name: What would like them to do or stop doing? ------------------------------------------------------------------------------------------------------------------------------Why? ---------------------------------------------------------------------------Party name: What would like them to do or stop doing? ------------------------------------------------------------------------------------------------------------------------------Why? ----------------------------------------------------------------------------www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
CRT Fees and Expenses Description a. (receipts required b. (receipts required c. (receipts required if more than $50) expense description: -----------------------------------------------------------------------------d. Expense CRT USE ONLY Amount ($) Order ($) $0.00 $0.00 ) $0.00 $0.00 ) $0.00 $0.00 $100.00 $100.00 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
Interest Item 1. 2. 3. Court Order Interest Act 4. FOR CRT USE ONLY CRT USE ONLY The applicant is also entitled to post-judgment interest. Applicant CRT USE ONLY Submission Order ($) $0.00 $0.00 % % $0.00 $0.00 $0.00 $0.00 TOTAL ORDER: $1,528.00 www.civilresolutionbc.ca | 1-844-322-2292 (toll free) PAGE
CRT Default Decision and Order The applicant(s) applied for small claims dispute resolution with the Civil Resolution Tribunal (CRT or tribunal) andrequested a default decision and order of the tribunal. The followingis the tribunal’s default Decisionand Order. CRT DECISION Proof of Notice: 1. A respondent must respond to a Dispute Notice within 14daysof receiving the Dispute Notice, as indicated on the Dispute Response Formor as permitted by the tribunal. 2. Having reviewed the evidence, I am satisfied, on the balance of probabilities, that the respondent(s) received the Dispute Notice and did not respond to it by the deadline set out in the tribunal’s rules. Jurisdiction: 3. The tribunal’s jurisdiction is set out under sections 3.1 and 3.6 of the Civil Resolution Tribunal Act (Act). The applicable tribunal rules are those in place at the time the Dispute Notice is issued. 4. The tribunal will make a binding decision without the participation of the respondent(s). The tribunal will send the parties a copy of the final decision and order. 5. Under the Act and the tribunal’s rules, in resolving this dispute the tribunal may order a party to do or stop doing something, pay money or make an order that includes any terms or conditions the tribunal considers appropriate.
Decision: 6. In accordance with the Act and the tribunal’s rules, I findthe respondent(s) pay the applicant(s)the monetary amountsas set amount is payable immediately. 7. I find the applicant(s) is entitled toany applicablepost-judgment interest, not included as part of the “total order”amount. 8. While liability is assumed in default decisions, I must still assess the value of the non-debt claims. The applicant’s claim stress, is a non-debt claim. While I recognize the applicants’ having the agreed upon outfits before the planned wedding event, I cannot agree that their limited submission on this issue supports an award. unpleasant, but based on the evidence before me these circumstances do not rise to the level that would support any compensation. CRT ORDER 9. The following tribunal order is made subject to thefollowing conditions being met: (a) the deadline for making a Notice of Objection under section 56.1 (2) of the Act has expired(thatdeadline is 28 days after the party receivesthedecision), (b) the tribunal has advised the applicant(s)in writing that no Notice of Objection has been made. 10. In accordance with the Act and the tribunal’s rules, further to the decision set out above, I order the respondent(s)to immediately pay the applicant(s)the monetary orders set out in the preceding pages. The applicant(s)is entitled to post-judgment interest. 11. Orders for financial compensation or enforced through the Provincial Court of British Columbia, so long as the principal value is within its jurisdiction under the Small Claims Act must out in the preceding pages. This which is for $1500 compensation for time and concerns in not Inconveniences are I dismiss this claim. and the return of personal property can be (currently $35,000). The
applicant(s) can enforce this final decision by filing in the Provincial Court of British Columbia a validated copy of this Order. Once filed, a tribunal order has the same force and effect as an order of the Provincial Court of British Columbia. Tribunal Member: Shelley Lopez, Vice Chair Tribunal Member Signature: ____________________
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